Natural Resources

Skilled in Resolving Natural Resource Disputes

Our attorneys help clients resolve natural resource issues that arise during project planning, development, and implementation. We provide strategic counseling to identify and minimize impacts associated with developments and work with clients to move projects through the permitting process in a timely and effective manner. We work through the Endangered Species Act consultation process and counsel clients on habitat conservation plans. We also participate in listing proceedings for new threatened and endangered species to avoid unintended applications of species protection laws.

We Handle Complex Endangered Species, Wetlands and Other Natural Resources Issues

We advise clients regarding endangered species, wetlands, water, and other natural resources issues and help them comply with federal and state laws and regulations. We have a successful track record litigating high-profile cases in federal courts involving natural resource damage claims under CERCLA.

Experience

Biological Opinions
Compliance Counseling
Defense of Enforcement Actions
Endangered Species Act Counseling
Habitat Conservation Planning
Incidental Take Permits
Litigation
Natural Resource Damages
Permitting for New and Existing Sources
Proposed ESA Listings
Regulatory Development
Section 404 Consultations

Representative Client Work

Work closely with major groundfish fishing companies to advise on regulatory issues arising under the Magnuson-Stevens Fishery Conservation and Management Act related to catch share programs in the Bering Sea, Gulf of Alaska and Aleutian Islands fisheries off the shores of Alaska. These fisheries are among the largest and most productive in the world. In 2010, commerical fisheries caught 1.5 million metric tons (3,510,000,000 lbs.) of groundfish worth over $2 billion.
Lead coordinating counsel for multiple fishing industry parties in defense of a challenge under the Endangered Species Act (ESA) involving Steller sea lions by environmental groups to Bering Sea, Aleutian Islands, and Gulf of Alaska fishery management plans that threatened to shut down commercial fishing in large areas of the ocean off of Alaska. Greenpeace, American Oceans Campaign v. National Marine Fisheries Service, 237 F. Supp. 2d 1181 (W.D. Wash 2000), 106 F. Supp. 2d 1066 (W.D. Wash. 2000), 198 F.R.D. 540 (W.D. Wash. 2000), 80 F. Supp. 2d 1137 (W.D. Wash. 2000), 55 F. Supp. 2d 1248 (W.D. Wash. 1999).: This multi-year federal court litigation permanently and significantly changed how multi-million dollar trawl fisheries are conducted, but in a manner that allowed our clients to continue their successful fishing businesses.
Advising Alaskan companies and utilities on the potential business impacts of listing and recovery plans for Beluga whales and other marine species under the ESA and Marine Mammal Protection Act.: The listing of Cook Inlet Beluga whales as an endangered species poses challenges for commercial and industrial activities in the Cook Inlet area, one of Alaska’s most densely populated regions.
Advising a water district on ESA requirements, including ESA consultation process, that apply to reintroduction of a listed fish population and installation of a fish passage at its facility.: Listed species were reintroduced as a result of relicensing a downstream hydroelectric project, which resulted in the client facing fish passage concerns for the first time in the history of its project.
Represented conservation groups opposed to expansion of gravel mine adjacent to tributary of Lower Columbia that is home to eight threatened or endangered species.
Assisted lender with its foreclosure of loans involving properties with ESA issues.

Linda R. Larson Practice Head

Linda has over 25 years of environmental law and land use experience. Over the course of her career, she has managed numerous complex litigation matters. She has successfully resolved disputes ranging from site remediation to endangered species, and has particular experience with marine resources and sediments issues. More »

Svend A. Brandt-Erichsen

Svend represents energy clients with development, operation, and litigation. His clients include petroleum, coal and alternative energy firms, utilities, and independent project developers. He also works with timberland owners and others participating in carbon offset markets. Svend chairs the firm’s Climate Change practice group. More »

Myles Conway

Myles Conway has 24 years of practice experience working in the areas of real estate law, land use, public lands, environmental law and mining. Mr. Conway assists clients with real estate and development projects throughout the Pacific Northwest and Alaska. More »

Jessica K. Ferrell

Jessica's practice focuses on environmental and natural resource litigation. She represents public and private clients in cases arising under the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act, NEPA, CERCLA, MTCA, the Clean Water Act, and other federal, state, and local environmental laws. More »

Kevin T. Haroff

Kevin Haroff is the managing partner for the firm’s San Francisco office. He has represented businesses, individuals, and governmental entities in civil litigation and regulatory matters for more than 25 years. More »

Meline G. MacCurdy

Meli is representing clients both in environmental litigation and environmental permitting and review. She has particular experience with brownfield redevelopment. She has defended cases under the Clean Water Act and the state and federal Superfund laws, and is assisting clients in fisheries matters and in issues involving climate change and energy. More »

Douglas W. MacDougal

Doug has over 30 years of experience in water rights, natural resources, and real estate law. More »

Russell C. Prugh

Russell’s practice focuses on environmental and natural resources litigation, and environmental permitting for facilities and projects in the Pacific Northwest and Alaska. Russell has particular experience with stormwater compliance issues, and represents clients in litigation arising under the Clean Water Act, CERCLA, MTCA, and other federal and state environmental laws. More »

Daniel L. Timmons

Daniel’s practice focuses on environmental permitting and compliance, energy, and natural resources litigation. He brings a strong scientific background to his legal work, and has particular experience with water resources allocation and water quality issues. More »

Alaska Seafood Cooperative, Alaska Groundfish Cooperative, the Groundfish Forum: Endangered Species Act Fishing Regulations Related to Stellar Sea Lions

Marten Law represents these Seattle-based fishing companies in a challenge to regulations issued under the Endangered Species Act that close vast areas of federal waters off of Alaska to fishing for Atka mackerel and Pacific cod. More »

Fishermen’s Finest, Inc.: Challenge to Fisheries Allocations

We represented a major fishing and processing company in a challenge to National Marine Fisheries Service allocations for the multi-million dollar Bering Sea and Aleutian Islands Pacific Cod fishery under the Magnuson-Stevens Fishery Conservation and Management Act. Fishermen’s Finest, Inc. v. Gutierrez, 2008 WL 2782909 (W.D. Wash.)